COMMITTEE OF MANAGEMENT JANTA SARASWATI UCHHTAR MADHYAMIK VIDYALAYA Vs. DISTRICT INSPECTOR OF SCHOOLS BASTI

JUDGEMENT

(1.) BY this petition order passed by District Inspector of Schools under Section 5(i) of Payment of Salaries Act 1971 directing single operation account has been challenged both on merits and malafide.

(2.) PRIOR to this Deputy Director of Education had appointed Block Development Officer as administrator/authorised controller of the institution which was challenged in the writ petition No. 3752 of 1975 and stay order was granted. In paragraphs 7 and 8 of the petition it is averred that the order appointing authorised controller was passed as Deputy Director of Education did not succeed in getting a teacher who was his relation and had to resign for teasing a girl student reabsorbed. And when the order was stayed by this Court the opposite -party No. 1 passed the impugned order at his instance. No counter affidavit has been filed. When the petition came up for hearing another opportunity was granted but it has not been availed. The allegations in the writ petition, therefore, remain uncontroversial. But it is not necessary to base the decision on it as the order cannot be maintained on merits even.

(3.) IN the result, this petition succeeds and is allowed. The order dated 4 -7 -75 passed by opposite -parties is quashed. But there shall be no order as to costs.